Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Chandan Kumar was arrested during an election patrol on 10 October 2025 along with four others, and pistols, cartridges and 95.91 g of brown sugar were seized. He is charged under several provisions of the Bharatiya Nyaya Sanhita, the Arms Act and the NDPS Act. The petitioner contended that no arms or narcotics were recovered from his person, only Rs 16,000 in cash, and that the quantity of narcotic seized is below commercial quantity, rendering Section 37 of the NDPS Act inapplicable. The State opposed bail, citing the seriousness of the offences. The Court, noting the absence of any material recovered from the petitioner and the short period of custody, granted bail on condition of a bond and sureties.
Issues considered
- Whether bail should be granted to the petitioner despite charges under the Bharatiya Nyaya Sanhita, Arms Act and NDPS Act
- Whether Section 37 of the NDPS Act applies when the seized narcotic quantity is below commercial quantity
- Whether the procedural requirements of Sections 42 and 50 of the NDPS Act and Section 103 of the Bharatiya Nagarika Suraksha Sanhita have been complied with
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita — s. 111(2)(b), 111(3), 111(4), 310(4), 310(5)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 29, 37, 42, 50, 8(c)
Subjects
- bail
- criminal procedure
- Arms Act
- NDPS Act
- election patrol
- contraband
- commercial quantity
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10194 of 2026
Arising Out of PS. Case No.-442 Year-2025 Thana- RAJNAGAR District- Madhubani
======================================================
Chandan Kumar S/O Kameshwar Prasad Village- Hirapatti, PS- Rajnagar,
District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
Ms. Nitu Kumari, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Rajnagar P.S. Case No. 442 of 2025 instituted for the offences
under Sections 310(4), 310(5), 111(2)(b), 111(3), 111(4) of the
Bharatiya Nyaya Sanhita, Sections 25(1-b)a, 26, 35 of the Arms
Act and Sections 8(c), 21(b), 29 of the N.D.P.S. Act.
3. Prosecution case, in short, is that during election
patrolling on 10.10.2025, police apprehended five accused
persons including the petitioner near Rampatti Hat and allegedly
recovered pistols, cartridges and 95.91 gm brown sugar from
them.
4. Learned counsel for the petitioner submitted that the
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petitioner has falsely been implicated in the present case.
Charge-sheet has been submitted in this case. Petitioner is in
custody since 11.10.2025 and has one criminal antecedent.
There is no allegation of tampering of witnesses alleged against
the petitioner. No incriminating material has been recovered
from the conscious possession of the petitioner. Petitioner has
no concern with the alleged recovery. Learned counsel further
submitted that from perusal of the FIR itself, it is evident that
the recovery of arms and narcotics has been made from other
co-accused persons and so far as this petitioner is concerned,
there is recovery of cash amounting to Rs. 16,000/-. The
recovered contraband is below commercial quantity, and hence,
Section 37 of the N.D.P.S. Act is not applicable in the present
case. There is no compliance of Sections 42 and 50 of the
N.D.P.S. Act as also of Section 103 of the Bharatiya Nagarika
Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, there being no recovery of arms and narcotic
substance from the present petitioner as also the period of
custody undergone by him, this Court is inclined to grant bail to
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the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Rajnagar P.S. Case
No. 442 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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